In re New York, Lackawanna & Western Railroad
New York Court of Appeals
Appeal by the petitioner above named from a portion of an order of the General Term of the Supreme Court, in the fifth judicial department, made October 31, 1884, which reversed an order of Special Term confirming an award of commissioners herein, set aside said award, and directed a new appraisal by the same commissioners, but which refused to appoint new commissioners on the ground of want of power.
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Appeal by the petitioner above named from a portion of an order of the General Term of the Supreme Court, in the fifth judicial department, made October 31, 1884, which reversed an order of Special Term confirming an award of commissioners herein, set aside said award, and directed a new appraisal by the same commissioners, but which refused to appoint new commissioners on the ground of want of power. (Reported below, 33 Hun, 639.) ^ On the 24th day of May, 1883, an agreement was entered into between Harriet A. Bennett and A. F. Bennett, parties of the first part, and the Hew York, Lackawanna…
1Opinion of the CourtEarl, J.
The point is made on behalf of the respondent that an appeal in this case to this court is unauthorized, and to sustain this contention our attention is called to the cases of New York Central Railroad Co. v. Marvin (11 N. Y. 276), Matter of Del. & Hud. Canal Co. (69 id. 209), Matter of P. P. & C. I. R. R. Co. (85 id. 489), and to other cases. The point is not entirely free from difficulty, and we have concluded to consider the case upon its merits.
The agreement of May 24, 1883, was one of purchase and sale. It seems that the parties were not able to agree upon the compensation to be paid for…
2Cases cited2 opinions
- New-York Central Railroad Co. v. . MarvinNew York Court of Appeals · 1854
- Buel v. . the Trustees of LockportNew York Court of Appeals · 1849
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